Newsletters
Immigration Newsletter
Status - Religious Workers United States law allows ministers to immigrate to the U.S. as members of an employment-based fourth preference category. Until 2003, aliens performing many different types of religious work were also eligible for this immigration category. Examples of occupations that qualified as religious workers before October 1, 2003, are nuns, priests, religious instructors, catechists, and religious hospital workers. Read more...
Lawful Permanent Resident Rights And Responsibilities An alien whose status has been adjusted to that of a lawful permanent resident (LPR) has certain rights and responsibilities under United States law as long as LPR status is not abandoned. Likewise, conditional residents, who have been granted status for two-year periods, receive the same rights and subject to the same responsibilities as LPRs. Read more...
Grounds for Removal — Unlawful Voters Grounds for removal — unlawful voters. Read more...
Grounds for Inadmissibility into the United States - National Security Issues Certain people are "inadmissible" for purposes of entry into the United States, either as an immigrant or as a visitor. There are many reasons why a person could be considered inadmissible to receive a visa and enter the United States, including that the person's entry would jeopardize United States national security interests. Read more...
Immigrant Visas - Employment-Based Visas - Labor Certification - Procedure before Certifying Officer The United States Department of Labor (DOL) has delegated its function of deciding alien labor certifications to certifying officers, who operate on a regional basis to investigate and determine applications. There is a four-step process used by certifying officer to handle claims fairly and reasonably: the issuance of a notice of determination; the initial decision on the application; the notification of application deficiencies to the employer, if the initial decision was a denial; and, when requested, reconsiderations. An administrative appeal is also available from the certifying officer's decision. This topic is discussed fully in a separate article. Read more...
Criminal Law Newsletter
A Defendant's Right to Confront a Witness Under the Sixth Amendment to the United States Constitution, a defendant has a right to confront his or her adverse witnesses. This means that the defendant has a right to a face-to-face meeting with the witnesses. Included in this right is the right to cross-examine the witnesses. Read more...
Best Evidence Rule The Best Evidence Rule is also commonly referred to as the original document rule. The Best Evidence Rule requires that the proponent seeking the admission of evidence show the documentary evidence is the original version. The Best Evidence Rule applies when the terms of the writing are material and at issue. The Best Evidence Rule also applies when a witness testifies as to a fact resulting from having read it in the document sought to be admitted by the proponent. Read more...
Federal Laws Regarding Kidnapping A person commits a federal offense if he or she knowingly and willingly transports an unconsenting person in interstate commerce and holds the person for ransom, reward, or otherwise. In order to convict a defendant of kidnapping, the federal government must prove interstate or foreign transportation. The government is not required to prove that the defendant carried out the kidnapping for personal gain. The government may establish that the kidnapping was carried out for something other than personal gain, such as in order to silence a potential witness or in order to obtain sexual gratification. Read more...
Federal Laws Regarding Extortion A person commits the federal offense of extortion if he or she transmits in interstate or foreign commerce any demand or request for ransom or for a reward for the release of a kidnapped person, any threat to kidnap or injure another person, or any threat to injure the property or reputation of another person or to accuse another person of a crime with the intent to extort. The federal offense of extortion applies to both interstate and foreign telephone calls and other forms of communication. As long as the communication crosses state or national borders, the communication is considered to involve interstate or foreign commerce. Read more...
Scientific Evidence Scientific evidence constitutes evidence that has been developed through some sort of scientific method. Usually scientific evidence is information that has been published in periodicals and tested by scientists or professionals. This scientific information is considered to be valid within the scientific community. Read more...
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